Brooklyn Law Review Volume 61 | Issue 3 Article 5 3-1-1995 The niU form Adoption Act: Strengthening New York's Protection for Unwed Mothers Michelle Cucuzza Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Michelle Cucuzza, The Uniform Adoption Act: Strengthening New York's Protection for Unwed Mothers, 61 Brook. L. Rev. 931 (1995). Available at: https://brooklynworks.brooklaw.edu/blr/vol61/iss3/5 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. NOTES THE UNIFORM ADOPTION ACT: STRENGTHENING NEW YORKS PROTECTION FOR UNWED MOTHERS" INTRODUCTION Adoption establishes a legal relationship of child and par- ent between persons who are not related biologically.' Simul- taneously, adoption severs any legal relationship between the adopted child and his or her biological parents, thereby termi- nating all the biological parents' rights and responsibilities associated with the child.2 Because the federal government traditionally has refrained from interfering in domestic rela- tions,' no federal adoption statute exists.' The creation of ' This article is limited to the unique situation of unwed birth mothers who, unlike many married couples, are considered more suspectable to coercion, fraud, and duress because they are often young and extremely vulnerable to societal, fa- milial, and financial pressures to place their children up for adoption. Jane A. Robert, Parental Consent The Need for an Informed Decision in the Private Adop- tion Scheme, 47 LA. L. REV. 889, 895 (1987). 1 N.Y. DoM. REL. LAW § 110 (IMcKinney 1988). See also Dennis T. v. Joseph C., 82 A.D.2d 125, 128, 441 N.Y.S.2d 476, 479 (2d Dept 1981) ("Adoption is the legal proceeding whereby a person takes another person into the relation of [a] child .... "); ROBERT A. FARmER, How TO ADOPT A CHILD 7 (2d ed. 1968). 2 N.Y. DoM. REL. LAW § 117(1)(a) (McKinney 1988) ("After the making of an order of adoption the natural parents of the adoptive child shall be relieved of all parental duties toward and of all responsibilities for and shall have no rights over such adoptive child"). Lehr v. Robertson, 463 U.S. 248, 257 (1983) (explaining that state laws tra- ditionally govern a multitude of parent-child relationships including child custody and adoption). ' More than a decade ago, a congressional effort to draft a uniform adoption BROOKLYN LAW REVIEW [Vol. 61: 931 adoption law and regulation of the adoption process is entirely within the discretion of the individual states.5 Although New York has designed its adoption scheme to promote and protect the best interests of the child,' in the last two decades unwed mothers have bombarded New York courts with adoption challenges seeking to undo finalized placements on the theory that the adoptions violated their parental rights.7 Many unwed birth mothers challenge adoptions on act failed and it is highly unlikely that Congress will succeed in enacting a federal adoption statute in the near future. See Mark Hansen, Fears of the Heart, 80 A.B . J. 58, 62 (Nov. 1994). 6 Although state legislatures draft and implement adoption statutes, federal constitutional limits circumscribe the states' discretion. In fact, adoption statute provisions have been declared unconstitutional on more than one occasion. See, e.g., In re Raquel Marie, 76 N.Y.2d 387, 559 N.E.2d 418, 559 N.Y.S.2d 928, cert. denied, 489 U.S. 984 (1990) (holding that New York Domestic Relations Law § lll-e, which required unwed fathers to openly live with the unwed mothers for six months prior to an adoption in order to veto the adoption, violated Equal Protec. tion); see also, Caban v. Mohammed, 441 U.S. 380 (1980) (holding that a sex-based distinction in New York Domestic Relation Law § 111, which authorized unwed mothers, but not unwed fathers, to withhold consent to their child's adoption, violated Equal Protection); Stanley v. Illinois, 405 U.S. 645, 651 (1972) (holding that an Illinois statute, which automatically terminated unwed fathers' parental rights without a hearing upon the death of children's mother, violated Due Process and Equal Protection). ' See N.Y. DOM. REL. LAW § 114 (McKinney 1988) ("If satisfied that the best interests of the adoptive child will be promoted thereby, the judge . shall make an order approving the adoption."). In re Amanda B., 206 A.D.2d 636, 614 N.Y.S.2d 607 (3d Dep't 1994); In re Female R. 202 A.D.2d 672, 609 N.Y.S.2d 295 (2d Dep't 1994); In re Baby Girl J., 192 A.D.2d 533, 595 N.Y.S.2d 816 (2d Dep't 1993); In re Ricardo N., 195 A.D.2d 559, 600 N.Y.S.2d 730 (2d Dep't), appeal denied, 82 N.Y.2d 661, 625 N.E.2d 591, 605 N.Y.S.2d 6 (1993); In re Adoption of Baby Boy "B"., 163 A.D.2d 673, 558 N.Y.S.2d 281 (3d Dep't), appeal denied, 76 N.Y.2d 710, 564 N.E.2d 672, 536 N.Y.S.2d 62 (1990); In re Adoption of Samuel, 167 A.D. 2d 909, 562 N.Y.S.2d 278 (4th Dep't 1990), appeal granted, 77 N.Y.2d 804, 571 N.E.2d 82, 568 N.Y.S.2d 912 (1991); In re Ricky AA., 146 A.D.2d 433, 541 N.Y.S.2d 264 (3d Dep't 1989), affd, 75 N.Y.2d 885, 553 N.E.2d 1021, 554 N.Y.S.2d 473 (1990); Margenesy v. Manitta, 156 A.D.2d 1026, 549 N.Y.S.2d 307 (4th Dep't 1989); In re Baby Boy L., 144 A.D.2d 674, 534 N.Y.S.2d 706 (2d Dep't 1988), appeal denied, 74 N.Y.2d 606, 541 N.E.2d 427, 543 N.Y.S.2d 398, cert. denied, 493 U.S. 918 (1989); See In re Sarah K., 110 A.D.2d 18, 492 N.Y.S.2d 957 (2d Dep't) rev'd, 66 N.Y.2d 223, 487 N.E.2d 241, 496 N.Y.S.2d 384 (1985), cert. denied, 475 U.S. 1108 (1986); Dennis T. v. Joseph C., 82 A.D.2d 125, 441 N.Y.S.2d 476 (2d Dep't 1981); State ex rel. Baby Girl Dunn, 133 Misc. 2d 399, 506 N.Y.S.2d 805 (Sup. Ct. N.Y. County 1986), reo'd, 125 A.D.2d 106, 512 N.Y.S.2d 82 (1st Dep't 1987); In re Baby Boy N., 150 Misc. 2d 535, 573 N.Y.S.2d 244 (Family Ct. N.Y. County 1991); In re Adoption of E.W.C., 89 Misc. 2d 64, 389 N.Y.S.2d 743 (Sur. Ct. Nassau County 1976); In re Anonymous (T.W.C.) N.Y.L.J. Dec. 18, 1974, p. 17 col 6, affd, 48 A.D.2d 893, 369 19951 UNIFOM ADOPTION ACT grounds that they never consented to the adoption or that their consent was obtained improperly through fraud, coercion or duress. Such adoption challenges do not serve the best interest of the child or any party involved in the adoption process8 because they have the potential to frustrate the legislature's goal of providing final, stable homes for children.' The finality of adoption placements is critical because a "continuous home environment is deemed essential to a child's development as a healthy, stable human being.""0 It is also important to finalize adoption relationships because parent- child relationships implicate other legal rights, such as the children's rights to inherit and the parties' rights to receive governmental benefits." Besides frustrating the goal of fi- nality of adoptions, adoption challenges also subject adoptive and biological parents and the child to debilitating, traumatic and expensive litigation. Compliance with New York's statutory requirements should be sufficient to guarantee that unwed birth mothers' consents are informed, voluntary and final decisions. The New York legislature has repeatedly revised the Domestic Relations Law since 1961 in order to increase protection for biological parents.' Despite these efforts, statutory compliance with the N.Y.S.2d 783 (2d Dept), affd, 38 N.Y.2d 128, 341 N.E.2d 526, 379 N.YS.2d 1 (1975). ' See generally Robin DuRocher, Balancing Competing Interests in Post-Place- nent Adoption Custody Disputes: How Do the Scales of Justice Weigh the Rights of Biological Parents, Adoptive Parents, & Children?, 15 J. LEG. LIED. 305, 306 (1994). ' See N.Y. SOC. SERV. LAW §§ 384-b(1)(a)(i-iv) & 384-b(l)(b) (MKinney 1992). The legislature finds that "children [who] grow up with a normal family lifM in a permanent home [have] . the best opportunity... to develop and thrive.! Thus "when it is clear that the natural parent cannot or will not provide a normal family home for the child ... a permanent alternative home should be sought for the child." Id. "DuRocher, supra note 8, at 330; see Janet H. Dickson, The Emerging Rights of Adoptive Parents:Substance or Specter? 38 U.C.L.A. L. REV. 917, 927 (1991). u Robert 0. v. Russell IK, 80 N.Y.2d 254, 269, 604 N.E.2d 99, 106, 590 N.Y.S.2d 37, 44 (1992) (Titone, J., concurring). See In re Baby Boy N., 150 Afisc. 2d 535, 573 N.Y.S.2d 244 (Far. Ct. N.Y. County 1991). Prior to 1961 the Domestic Relations Law provided little guidance to biological parents regarding the necessary procedures and content of adoption consents.